Calculating and Paying Child Support
In Texas, child support payments are calculated based on a percentage of the paying spouse’s (obligor) net income. Texas child support law does not take into consideration the payee spouse’s (obligee) income or the income of the obligor’s spouse.
The obligor’s income includes, but is not limited to:
- All the wages and salaries earned (including tips and overtime),
- Self-employment income
- Social Security or disability benefits
- Worker’s compensation
- Retirement benefits
- Spousal maintenance (formerly known as alimony)
Child Support Calculator – Office of the Attorney General
Social Security taxes, income taxes, union dues, and health care costs are all deducted from the obligor’s income BEFORE calculating child support.
The percentage of the income is calculated from the number of children between the spouses (natural and adopted). It also accounts for how many other minor or disabled children the obligor has with someone else who he or she is financially supporting.
For example, if the obligor and obligee have one child together, and the obligor has one minor or disabled child from a previous relationship, then the percentage of the obligor’s income that goes to child support is 17.5%. This applies when the obligor is paying child support for the previous relationship.
What is the New Law for Child Support in Texas?
The maximum child support payment for one child in Texas is capped at 20% of the payer’s income for 2021. After that, child support increases depending on the number of children involved. Those caps are also used to protect the payer or Non-Custodial Parent.
Many believe that they do not have to pay child support if they are unemployed. However, the court can still order child support based on the current minimum wage as if the obligor was employed.
Does Texas Automatically Review Child Support Every 3 Years?
Yes, Texas automatically reviews child support every three years. This review is called the Child Support Review Process (CSRP). During the CSRP, there’s in-office negotiation between the parents and a Child Support Officer (CSO). The goal of the CSRP is to update the child support order. It should reflect the most recent information about the parents’ incomes and expenses.
If the parents can agree on a new child support amount, the CSO will prepare a new order. This order is then submitted to the court for approval. If the parents cannot agree on a new amount, the CSO will set a hearing date for the court to decide the issue.
The CSRP is a voluntary process, but it is generally in the best interests of the parents and the children to participate. It is also a more efficient and less expensive way to update a child support order than going to court.
How to Make Child Support Payments in Texas
Child support is most often paid in one of two ways:
- The obligor pays the child support themselves
- The child support is withheld from the obligor’s check by their employer
If the child support is not withheld, the obligor must send the child support each month to either the obligee or the Texas State Disbursement Unit. In most cases, child support in Texas is ordered to be paid through the disbursement unit. This unit is a clearinghouse that receives the payments, credits them to the child support account, and then forwards them to the receiving party. This process creates a record that the support was paid. If the support is not paid or not paid timely, there is a record of that for subsequent enforcement proceedings.